HomeMy WebLinkAboutMinutes - 2/24/1997 - Zoning Board of Appeals . �, . ,/ .. � :
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ZONING BOARD OF APPEALS
FEBRUARY 24, 1997
CITY OF MCHENRY
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IN THE MATTER OF THE APPLICATION OF )
NORTHERN ILLINOIS MEDICAL CENTER, NIMED ) Z-422
CORP. AND HEALTHBRIDGE CORPORATION ) NIMC/NIMED/HEALTHBRIDGE
FOR A TEXT AMENDMENT AND MAP AMEND- ) 4201 MEDICAL CENTER DR
MENT PURSUANT TO THE CITY OF MCHENRY )
ZONINC� ORDINANCE, MCHENRY COUNTY, ) TEXT AMENDMENT
ILLINOIS. ) MAP AMENDMENT
REPORT OF THE
ZONING BOARD OF APPEALS TO THE
CITY COUNCIL, CITY OF MCHENRY, ILLINOIS
A hearing on the above-captioned petition was held on February 24, 1997. Chairman
Semrow called the hearing to order at 7:31 p.m. The following persons were in attendance:
1 . Z��ning Board Members: Randy Christensen, John Howell (appointed 2/12/97), Chuck
Lcrvett, Frank McClatchey, Harry Semrow, Donna Tobeck. Absent: Thomas Burr.
2. Attorney for Zoning Board: David McArdle.
� 3. Recording Secretary: Kathleen M. Kunzer
4. Director of Building & Zoning: John A. Lobaito.
5. City Planner: Phillip Maggio.
6. Petitioner: NIMC/NIMED/Healthbridge represented by James Redding, CEO, 4201
Medical Center Drive McHenry IL 60050.
7. Attorney for Petitioners: Bell Boyd and Lloyd represented by D. Scott Hargadon, Three
First National Plaza, 70 West Madison Street Suite 3300, Chicago Illinois 60602.
8. City Council Members: Mayor Cuda, Alderman Locke, Alderman Baird, City Clerk
Althoff.
9. Court Reporter: Cheryl Barone.
10. Observers:
1 . Donald Long, 4400 W Shamrock Ln #2A, McHenry IL 60050.
2. Frank Mundt, 4406 W Shamrock Ln, McHenry IL 60050.
3. Donald Gattone, 616 South Route 31, McHenry IL 60050.
''`�' NOTICE OF PUBLICATION
Notice of this hearing was published in the Northwest Herald on February 7, 1997.
PublishE�r's Certificate of Publication is on file with regard to this matter in the City Clerk's
Office. Notices were mailed to all abutting property owners.
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2/22/97
`.- LOCATION OF THE SUBIECT PROPERTY
The subjE�ct property is located at 4201 Medical Center Drive, McHenry, Illinois, 60050 and
is currently zoned 02, C5 and A1 (pursuant to McHenry County Ordinance) Zoning District.
the property is comprised of approximately 106 acres.
SUMMARY
The Petitioner is requesting the following relief from the Zoning Ordinance:
1) that the City of McHenry create a Hospital Care Zoning District;
2) that the subject property be reclassified to HC District.
TESTIMONY
Attorney Hargadon introduced the following who were available to offer testimony with regard
to the Petition:
1) Robert Teska, Teska & Associates, 627 Grove Ave, Evanston IL 60201 .
2) Gerald Lindgren, KLOA Inc, 9575 West Higgins Rd, Suite 580, Rosemont IL 60018.
3) James Redding, NIMED CEO, 4201 Medical Center Drive, McHenry IL 60050.
Hargadon said the Petitioners are appearing before this Board at the remand of the City
Council. The purpose of this hearing is to clarify the following:
1) Permitted uses for the HC District
2) Conditional uses for the HC District
3) Update the circulation and land use plan and associated use groups for the land use
� plan.
Hargadon said the first step is to put like uses together in use groups. He described each use
group as follows:
Group I Hospital as sole use.
Group II Core medical uses.
Group III Ancillary medical uses.
Group IV Office uses.
Group V Residential uses.
Group VI Retail uses.
Group VII Miscellaneous uses which do not fit in any other group or would fit equally well
in all groups.
Hargadon explained how the circulation plan was laid out and where each of the use groups
would be permitted in relation to the circulation plan. A copy of the proposed land use plan
utilizing all of the seven use groups was distributed to the Board with their packets prior to this
hearing.
Semrow read into the record a memo dated 2/24/97 submitted to the Board on behalf of the
Irish Prairie Manors Condominium Association #1 .
Hargadon responded to the Irish Prairie Condominium memo as follows:
�-' 1) T{�e Petitioners agree to contain any possible alcohol and narcotic treatment center to
ar� area at least 200 feet from the residential district;
2) Tl�e Petitioners agree to screen the southern boundary of the subject property with
e�,tablished trees;
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�-- 3) The Petitioners agree that there shall be no light overflow spillage outside of their
property line;
4) The Petitioners do not agree with the removal of the congregate care and other
re��idential-type uses from the area adjacent to the Irish Prairie residential property. The
Petitioners believe that this is the ideal location for any future congregate care, skilled
care or nursing home facility;
5) The Petitioners request that they be allowed to move the specific location of the
heliport within the envelope designated on the land use plan. The heliport would
continue to be located north of the Ring Road.
Redding said that the only way the location of the heliport would be changed would be if the
emergency room location changed. In addition, the hospital may need to build an enclosed
shelter for the heliport in the near future, but the location would be in close proximity to
where thE� heliport is presently located.
Mr. Donald Lon�: Long commented that he believes that the hospital and its helicopter
contractor have responded to previous complaints from Irish Prairie residents with regard to
the noise generated by the helicopter flying over their residential complex. Long said he
believes a conscious effort has been made to accommodate the Irish Prairie residents with
regard to that specific issue.
QUESTIONS BY MEMBERS OF THE BOARD
� Lovett asked if there is currently photo processing being done on the premises. Hargadon said
there is currently none being done on site. Lovett expressed concern that if a photo processing
plant is permitted, there would be a large use of chemicals on the premises. he said he does
not mind the camera and photo supply store which could include photo processing, but he is
not comfortable with a photo processing plant on the hospital campus. It was the consensus
of those present to list this use as "camera and photo supply store" and to eliminate "photo
processing store" from Group VI.
Christensen asked that a parking facility be defined. Lobaito said a parking facility listed in
Group VII would be a principal use on the property. It would be a parking structure. Lobaito
said that listing a parking facility as a permitted use in Group VII would permit a multi-story
parking garage. Hargadon agreed to strike "parking facility" as a principal use in Group VII
and include it as an accessory use instead.
Discussion followed as to permitted locations on the site for parking. It was agreed that no
parking would be permitted in required setbacks from residential districts as defined by the
bulk requirements of the HC District. If a 50 foot setback is required from a residential district,
it will be maintained as green space, and no parking will be permitted in that area.
Lovett asked if there was a possibility of constructing another "hospital" on the premises.
Redding said a specialized hospital building might be constructed, such as a birthing center
or a surgicenter. It was very unlikely that another general hospital would be built on the
` campus.
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2/24/97
L-- Howell asked if the Petitioners would consider having a proposed substance abuse/psychiatric
facility as an outpatient facility rather than an overnight facility. Is there the possibility that this
could then evolve to an overnight facility?
Lobaito asked for clarification between "hospital" and "specialized hospital facility".
Discussion followed as to how best to distinguish between the two by definition. At the
recommendation of Attorney McArdle, the Board agreed to combine Group I and Group II.
The heading would now be "General Hospital and Specialized Hospital Facilities". Groups
III through VII would now be Groups II through VI.
Lobaito said he would like some latitude to incorporate some of the definitions so that there
would be no ultimate overlap. Hargadon agreed with this suggestion.
McArdle said the City Council asked that the Board consider which of the Permitted Uses by
right and Conditional Use are appropriate.
Hargadon said the Primary Uses, including the listed residential uses, clearly belong on a
medical campus. The Secondary Uses are intended to support the Primary Uses. Retail Uses
are limited to 10% of the FAR of the then-occupied Primary Uses and Secondary Uses. The
Petitioners are requesting that two uses be listed as Conditional Uses: 1) Heliport; 2)
Independent Living Facility.
``' Christensen asked if the Petitioners would still have to come before the Board for granting of
any Conditional Use. Hargadon said that is correct. Christensen asked for an explanation of
the difference between congregate care and independent living facility. Hargadon said
congregate care would have some share facilities, such as a dining room, recreational room,
etc. Independent living facility would be a completely independent dwelling unit and would
be self-contained within each unit. General discussion followed regarding clarification of the
definitions for each of these facilities.
McArdle said the Secondary Uses should be limited to medical uses. The Primary Uses would
be permitted by right. The Secondary Uses would be permitted by right, but subject to
approval and review by the Zoning Administrator. Retail Uses would be permitted subject to
the 10% floor area ratio requirements as it relates to Primary and Secondary Uses.
Howell asked if the Petitioners envision building a free-standing religious institution. He asked
that they consider rewording that use to a chaplaincy service. If a religious institution, such
as a church, were permitted to be erected on the site, it would not really be related to the
medical field. Redding stated that NIMC is concerned regardingthe holistic, spiritual approach
to healing and not merely the physical aspects of the healing process. It is for this reason that
the religious institution was included as a Secondary Use.
Lovett asked where does is state in the proposed amendment to the zoning ordinance who
would make the determination as to the validity of the Secondary Uses. Lobaito said this
�" amendment does not specifically state who would make that determination. However, the
administrative section of the zoning ordinance clearly provides that determination as to any
specific zc�ning matters is to be made by the Zoning Administrator. The matter could then be
appealed I�efore this Board if not to the satisfaction of the Petitioner.
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2/24/97
`- Christensen asked the maximum number of buildings which would be permitted on the
campus. Lobaito explained that the Floor Area Ratio of .50 is the limiting factor. There would
be no lirr�it on the maximum number of buildings.
Chairman Semrow called for a recess at 9:02 p.m. the hearing reconvened at 9:12 p.m. with
all members still in attendance.
McArdle said the Council asked the Board to look at and provide a recommendation to the
Council with regard to the proposed land uses shown in each of the pods on the land use plan
as well as the use groups as presented by the Petitioners.
Frank Mundt: Mundt stated that if in Group V, if the Petitioners had the word "Senior" placed
in front of"Congregate Housing", "Sheltered Care Facility", and "Skilled Care Facility", the Irish
Prairie residents would have no objection to these uses being contained in this Group. Mundt
said the definitions for these uses are too broad, and that they could not be changed once this
ordinance has been adopted. Mundt said the Irish Prairie residents would be more comfortable
if these uses, and the Group Home use, as well, were not permitted in the strip of land
adjacent to the Irish Prairie property. Redding said that they would not be comfortable
restricting those three uses to "Seniors" as there might be individuals with special needs who
might use these facilities. It was the consensus of those present to add the phrase "for senior
citizens or those with special needs" to Congregate Housing, Sheltered Care Facility, and
Skilled Care Facility. The Petitioners agreed to add the limitation to the Group Home that it
`-- not be placed within 200 feet of any residentially zoned property.
DELIBERATION AND RECOMMENDATION
Motion by Christensen, seconded by McClatchey to recommend to the City Council that
the City Council approve the NIMC Circulation and Land Use Plan dated 2/7/97
and Circulation and Land Use Plan Permitted Use Groups except for the
following:
1) Modify the HC Zoning District in accordance with the
Irish Prairie Condominium Association letter of 2/24/97
(see copy attached), except with regard to the congregate
care and ski I led care faci I ity;
2) In the Permitted Use Groups combine Group I and
Group II, revising it to Group I - General Hospital and
Specialized Hospital Facilities. All other Permitted Use
Groups would then move up one Group number (Group
I through Group VI);
3) In Group V (retail uses), delete Photo Processing Store as
a permitted use; In Group VI, Parking Facilities, add the
words No parking structures shall be located within 200
feet of any residentially zoned property;
4) Congregate Housing, Sheltered Care Facility, Skilled Care
�' Facility and Group Home be modified as follows:
a) Congregate Housing for senior citizens and those with
specialized needs;
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2/24/97
`-- b) Sheltered Care Facility for senior citizens or those with specialized
needs;
c) Skilled Care Facility for senior citizens or those with specialized
needs;
d) Group Homes shall not be located within 200 feet of any
residentially zoned property.
Voting Ay�e: Christensen, Lovett, McClatchey, Semrow, Tobeck.
Voting Nay: None.
Not Voting: None.
Abstaining: Howell.
Absent: Burr.
Motion carried 6-0.
Group X: Permitted Uses in HC District
Primary and Permitted Uses:
Following discussion, it was the consensus of the Board that the Primary Uses be accepted as
shown in the revised document #141343C2.DOC provided by the Petitioners for this hearing
with the following exceptions:
1) Day Care Center, Adult (should be Conditional Use)
2) Day Care Center, Child (should be Conditional Use)
3) Laboratory (should be Conditional Use)
`- 4) Nursing Home (should be Conditional Use)
Secondary Uses:
Following discussion, it was the consensus of the Board that the Secondary Uses be accepted
as provided in the revised document #141343C2.DOC provided by the Petitioners for this
hearing with the following amendments:
1) In the paragraph explaining the purpose for this use group, that the
last sentence be deleted and replaced as follows: "A Secondary Use,
which may be attached to or detached from a Primary Use, is
permitted provided that it is subject to Chapter 28, paragraph 2(b) of
the Zoning Ordinance, but only if and to the extent that such
Secondary Use is appropriate for and related to the Health Care
campus";
2) Modify Community or Recreation Center to be an indoor facility;
3) Modify Parks and Recreation Facility to be an open air facility.
4) Remove Parking Facilities as a secondary use; Parking Facilities shall
be an accessory use.
Retail Uses:
Following discussion, it was the consensus of the Board that Retail Uses be accepted as
provided in the revised document#141343C2.DOC provided by the Petitioners for this hearing
with the following amendments:
�-' 1) Dry Cleaners be modified to permit only drop-off/pick-up facilities
except with a Conditional Use;
2) Financial lnstitutions be modified to prohibit drive-through facilities
except with a Conditional Use;
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2/24/9 7
`-- 3) Restaurants (no live entertainment) be modified to prohibit alcoholic
beverages except with a Conditional Use.
Accessory Uses:
Following discussion, it was the consensus of the Board that the following be considered:
1) This heading be amended to Accessory Structures;
2) Parking Facility be added as a permitted use in this category;
3) That the phrase "as defined herein" be inserted following the phrase "Accessory
Uses", in the sentence explaining the purpose for this category.
4) That the City Council consider a maximum square footage for the
cumulative amount of accessory structures permitted on the campus.
The Board suggested that 10,000 square feet might be appropriate as
opposed to the "10%floor areas then-occupied by the Primary and
Secondary Uses and for which building permits have been
approved".
Group Y: Conditional Uses in the HC District:
It was the consensus of the Board that the list of Conditional Use be amended to include the
following in addition to those two stated on document#141343C2.DOC provided to the Board
for consideration at this hearing:
1) Financial Institutions with drive-through facilities;
2) Restaurant serving alcoholic beverages butwithout live entertainment
`-' or dancing;
3) Dry cleaners with on-site cleaning or processing;
4) Day Care Center, Adult;
5) Day Care Center, Child;
6) Laboratory;
7) Nursing Home.
ADIOURNMENT
Motion by Christensen, seconded by McClatchey to adjourn this hearing.
Voting Aye: Christensen, Howell, Lovett, McClatchey, Semrow, Tobeck.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Burr.
Motion carried 6-0. This hearing was adjourned at 10:40 p.m.
Respectfully su itted,
c=..� �, �/
Harry S row, Chairman
Zoning Board of Appeals
`' c: Agenda, Zoning Board of Appeals Members (7), Plan Commission Members (7), City Administrator, Director
of B�ailding&Zoning, PW Administration (4),City Engineers,Aldermen Reference Copy, Petitioner,Observers
(3),B & Z Zoning File, Landmark Commission Chairman, Northwest Herald, Star Newspaper, City Clerk File
Cop✓. Z-422
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�� �
FEBUARY 24,1��97
� TO: MEMBERS OF THE MCHENRY ZONING BOARD OF APPEALS
FROM: Il2ISH PRARIE MANORS CONDOMINNM ASSOCIATION # 1
RE: PROPOSED AMENDMENTS TO ARTICLE VI. OFFICE,INDUSTRIAL,BUSINESS PARK,
(HEALTH CAR�;),AND AGRICULTURE & MINING(AND CONSERVANCY)
AFTER ATTENDING THE ZONIlVG BOARD HEARING ON DECEMBER 9,1996
AND THE CITY COUNCII. MEETING CONCERNING THIS MATTER,WE MET WITH
THE ATTORNEY AND HOSPITAL REPRESENTATIVES AT OUR BOARD MEETING
ON FEBUARY 10,1997. WE FEEL THAT OUR QUESTIONS AND CONCERNS WERE
ANSWERED BY THEM,EXCEPT FOR THE FACT THAT SOME OF THE DEFIIVITIONS
FOR THE PERMITTED USES DO NOT YET EXIST IN THE CODE.
WE UNDERSTAND THAT THE PETITION HAS BEEN CHANGED TO MOVE THE
SETBACK FROM 35' TO 50',WHERE IT ADJOINS OUR RESIDENTAIL DEVELOPMENT.
WE UNDERSTAND THE LANDSCAPING PLAN SUBMITTED BY THE PETITIONER AND
`" WOULD REQUEST THAT THE TREES BE STAGGERED AS OPPOSED TO IN A LINE.
FOR THE PURPOSE OF THE FOLLOWII�TG REQUESTS,WE ARE ONLY REFERING
TO THE PARCEL OF LAND THAT IS SOUTH OF THE CIRCULATION ROAD,ABOUT
230' BY 1200'.
WE HAVE NO OBJECTIONS TO GROUP I OR GROUP II.
WE WOULD REQUEST THAT PSYCHIATRIC ALCOHOL AND NARCOTIC TREATMENT
CENTER NOT BE ALLOWED IN THAT PARCEL.WE HAVE NO OBJECTION TO THE
OTHER USES IN GROUP III.
WE HAVE NO OB7ECTIONS TO GROUP N.
WE WOULDREQUEST THAT CONGREGET HOUSING,SHELTERED CARE FACILITY
AND GROUP HOME �TOT BE ALLOWED IN THAT PARCEL.
WE WOULD REQUEST THAT NONE OF THE USES IN GROUP VI OR VII BE ALLOWED
IN THAT PARCEL.
�
WE WOULD REQUEST THAT THE BUILDING LINE BE LOCATED 50" FROM OUR
PROPERTY LINF;.
� WE WOULD REQUEST THAT THE HELIPORT NOT BE ALLOWED TO BE MOVED SOUTH
OF ITS CURRENT LOCATION.
WE WOULD REQUEST THAT LIGHTING DESIGN ERS TAKE INTO CONSIDERATION
HOW IT WOULD EFFECT OUR DEVELOPMENT.
WE WOULD REQUEST THAT ALL REFUSE CONTAINERS LOCATED IN THAT PARCEL
BE SCREENED FROM VIEW.
YOURS TRULY,
BOARD OF DIRECTORS
IRISH PRARIE MANORS CONDOMINNM ASSOC. #1
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